2. Limitation

Question 1

From what date is limitation calculated?

Answer 1

The day after the cause of action accrued if part-way through a day.

If the cause of action accrued at the stroke of midnight, the following day was not excluded from calculating the relevant limitation period.

Question 2

When is an action brought?

Answer 2

A claim form is “issued” on the date entered on the form by the court.

However, where the claim form as issued was received in the court office on a date earlier than on which it was issued, the claim is “brought” on the earlier date.

Question 3

Does limitation time stop running where a claim form is issued after payment of an incorrect fee?

Answer 3

Yes.

Question 4

Does limitation time stop running where the correct fee is not paid due to later articulation of later claims alleging a higher value?

Answer 4

Yes, time stops running so long as there was no abusive intent.

Question 5

Does a claim become time-barred where a new claim is made by way of amendment within a limitation period where an applicable fee has not been paid?

Answer 5

No, so long as that claim is not otherwise abusive.

Question 6

Does a period of stay of proceedings count in limitation?

Answer 6

No.

Question 7

What is the limitation period in cases founded on tort?

Answer 7

6 years after accrual.

Question 8

What is the limitation period in cases founded on contract?

Answer 8

6 years after accrual.

Question 9

What is the time limit for claiming contribution?

Answer 9

Two years after accrual.

Question 10

When does accrual occur for claiming contribution?

Answer 10

When a person is held liable in judgment, the date on which judgment is given.

In arbitration, the date of award.

In respect of settlement, the earliest date on which the amount to be paid is agreed.

Question 11

What is the time limit for personal injury cases?

Answer 11

Three years from accrual or knowledge (if later).

Furthermore, if the person dies before expiration of the above period, it shall be three years from the date of death or knowledge of the person representative (whichever is the later).

Question 12

What is the time limit for actions under the Fatal Accidents legislation?

Answer 12

Shall not be brough if death occured where the person injured could no longer maintain an action and recover damages in respect of the injury.

Otherwise, the expiration of three years from date of deeath or knowledge of person whose benefit the action is brought, whichever is later.

Question 13

What is “knowledge”?

Answer 13

The date on which the defendant has knowledge:

(a)that the injury in question was significant; and

(b)that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and

(c)the identity of the defendant; and

(d)if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant;

which may come from:

(a)from facts observable or ascertainable by him; or

(b)from facts ascertainable by him with the help of medical or other appropriate expert advice which it is reasonable for him to seek;

Question 14

What is disability under the Limitation Act?

Answer 14

Mental Capacity or as a child.

Six years (unless PI or fatal accidents, at which point 3 years)

Question 15

What is the special time limit for negligence where facts relevant to cause of action are not known at accrual?

Answer 15

Six years after accrual or
thre years after knowledge (earliest date) which is the material facts about the damage and:
the damage was attributable to the defendant, the identity of the defendant e.c.t.

Subject to a longstop of 15 years.

Question 16

What is the time limit to enforce judgments and interest on them?

Answer 16

Six years

Question 17

Can a court dispense with a time limit for people with PI or fatal accidents claims?

Answer 17

Where it appears equitable to do so.

The factors to take into account include:

(a)the length of, and the reasons for, the delay on the part of the plaintiff;

(b)the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the plaintiff or the defendant is or is likely to be less cogent than if the action had been brought within the time allowed by section 11 [F7, by section 11A] [F8, by section 11B] or (as the case may be) by section 12;

(c)the conduct of the defendant after the cause of action arose, including the extent (if any) to which he responded to requests reasonably made by the plaintiff for information or inspection for the purpose of ascertaining facts which were or might be relevant to the plaintiff’s cause of action against the defendant;

(d)the duration of any disability of the plaintiff arising after the date of the accrual of the cause of action;

(e)the extent to which the plaintiff acted promptly and reasonably once he knew whether or not the act or omission of the defendant, to which the injury was attributable, might be capable at that time of giving rise to an action for damages;

(f)the steps, if any, taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice he may have received.

Question 18

What is the special time limit for fraud?

Answer 18

Where, in a case for which a limitation is prescribed, either:
a. The action is based upon fraud of a defendant; or
b. Any fact relevant to the right of action has been deliberately concealed by the defendant
c. The action is for relief from consequences of a mistake
The period of limitation shall not begin to run until the claimant has discovered the fraud, concealment, or mistake or could, with reasonable diligence, have discovered it.

Question 19

What is the limitation on sexual abuse cases?

Answer 19

This area of procedure has developed in recent years in the cases of A v
Hoare and conjoined appeals, [2008] UKHL 6; [2008] 2 WLR 311 and
Raggett v Society of Jesus Trust 1929 for Roman Catholic Purposes [2009]
EWHC 909 (QB).
In Hoare, the House of Lords held, departing from their decision in Stubbings
v Webb [1993] AC 498, that a claim for damages for personal injuries
caused by a sexual assault had a limitation period of three years from the
date when the victim first considered the injury sufficiently serious to justify
proceedings (although judges could extend that period if thought equitable).
In determining that date, the test was whether a reasonable person with the
claimant’s knowledge would have considered the injury sufficiently serious.
Such personal characteristics of the claimant as might have prevented him
from acting as a reasonable person would have were a matter for any
exercise of judicial discretion.